USPTO Proposes Change In Claim Construction Standard For Post-Grant Proceedings

By Reza Mollaaghababa On May 9, 2018, U.S. Patent and Trademark Office (PTO) issued a notice of proposed rule for changing the standard for construing claims in unexpired patents in inter partes review (IPR), post-grant review (PGR), and transitional covered business method (CBM) proceedings from current broadest reasonable interpretation (BRI) to the same claim construction … Continue reading USPTO Proposes Change In Claim Construction Standard For Post-Grant Proceedings

CAFC Finds Another PTAB Claim Construction Unreasonable and Again Reverses an Invalidity Holding

By Reza Mollaaghababa In an inter partes review (IPR) proceeding, the meaning of terms used in challenged claims of an unexpired patent are given their broadest reasonable interpretation in light of the claim language and the specification. The Court of Appeals for the Federal Circuit (CAFC) recently reversed the Board’s interpretation of a claim term … Continue reading CAFC Finds Another PTAB Claim Construction Unreasonable and Again Reverses an Invalidity Holding

CAFC Vacates a PTAB Decision Due To Faulty Claim Construction

By Reza Mollaaghababa In a rare case of disagreeing with the Patent Trial and Appeal Board (PTAB), the Court of Appeals for the Federal Circuit (CAFC) vacated and remanded a PTAB decision invalidating claims 10-25 of PPC Broadband, Inc.’s U.S. Patent No. 8,323,060, which were challenged in an inter partes review (IPR) proceeding by Corning … Continue reading CAFC Vacates a PTAB Decision Due To Faulty Claim Construction